United States v. Allen

¶1DECISION

¶2During the sentencing portion * of the appellant’s trial, the prosecution offered and the trial judge admitted, without objection, evidence of two civilian convictions. In a single assignment of error appellate defense counsel argue the prior convictions were not admissible because the “offenses contained therein were committed at dates later than those charged at the trial in which they [were] offered.” United States v. Austin, 3 M.J. 1060 (A.F.C.M.R.1977).

¶3Our decision in Austinwas based on paragraph 756(3), Manual for Courts-Martial, 1969 (Rev. ed.), which stated that evidence of prior convicitions must relate to offenses committed during the six years next preceding the commission of any offense of which the accused stands convicted. The conditions of admissibility contained in the previous Manual provision were removed by R.C.M. 1001(b)(3)(A) of the 1984 Manual for Courts-Martial, which now states:

(3) Evidence of prior convictions of the accused.

(A) In General. The trial counsel may introduce evidence of military or civilian convictions of the accused. For purposes of this rule, there is a “conviction” in a court-martial case when a sentence has been adjudged.

¶4The six year limitation was deleted as was the requirement the prior conviction sought to be admitted relate to offenses committed before those that are the subject of the trial.

¶5The analysis to R.C.M. 1001(b)(3)(A) makes it clear that the drafters of the current Manual for Courts-Martial meant to eliminate the previous restrictions on the admissibility of prior convictions. See generally, United States v. Wright, 20 M.J. 518 (A.C.M.R.1985). The prior convictions were properly admitted. The findings of guilty and the sentence are

¶6AFFIRMED.